FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Suzanna Martinez
RECOMMENDATION:
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Approve and adopt the proposed findings and recommendations of the referee regarding the Service-Connected Disability Retirement with Supplemental Retirement Allowance of Suzanna Martinez - San Bernardino County - Public Health.
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BACKGROUND:
This matter is in closed session because the Applicant failed to meet her burden of proving that she is not capable of gainful employment, and therefore, the hearing officer is recommending to the Board to deny Applicant's application for a Supplemental Disability Retirement Allowance. Under the Procedures For Disability Retirement and Formal Hearings, Applicant has an opportunity to address the Board in closed session.
In summary, the Hearing Officer affirmed the Board's denial of the supplemental retirement allowance, and recommends that the Board adopt the earlier effective date of April 2, 2021, rather than the March 1, 2022 date.
Procedural Background:
At the September 7, 2023, meeting of the Board of Retirement, the Board granted Applicant's request for a Service-Connected Disability Retirement, with an effective date of March 1, 2022, the date of application. The Board denied Applicant's request for a Supplemental Retirement Benefit.
On September 26, 2023, October 1, 2023, and October 3, 2023, Applicant submitted her Administrative Review of Initial Hearing requests to proceed to an Expedited Administrative Review for a Supplemental Disability Retirement Allowance Benefit and an earlier effective date of Disability Retirement Benefits.
On April 16, 2024, Applicant Suzanna Martinez was served with the Hearing Officer's Proposed Findings of Fact, Conclusions of Law, and Recommended Decision, dated March 8, 2024, and was given 10 days to file objections.
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